Waiting to inhale

December 22, 2005

ANOTHER OPINIONFrom The Washington Post It's only a matter of time -- and a few more rounds of eleventh-hour stalling by smoking-ban opponents -- before the District of Columbia and Maryland start clearing the air in restaurants and bars. Virginia, where tobacco lobbyists still hold sway, is a murkier matter. For now, however, the challenge in the District and Maryland is not so much getting smoking bans enacted but making sure the proposals are not riddled with loopholes. In the District, for example, a smoking ban won the D.C. Council's preliminary approval this month in a 12 to 1 vote, but members are still clashing over which businesses would qualify for exemptions based on economic hardship. The bill would allow the mayor to issue waivers to businesses that can show that the measure is causing them "undue financial hardship." Leaving it up to the mayor, or filling in the blanks after the legislation is adopted, could gut the law. Howard County, which also is considering a new smoking law, has a somewhat different hardship situation. To comply with a 1996 law, many restaurants and bars established -- at considerable cost -- separate, ventilated areas for smokers. Such areas have been found ineffective in fully protecting people from unhealthy air, but those restaurant and bar owners deserve consideration for installing the equipment as called for then. At last count, a majority of the County Council favored exempting these establishments from the proposed new ban. That's too generous and unhealthy. As more and more reports are showing, smoking bans generally have had no significant effect on revenue and employment. Also, as more and more contiguous areas enact bans, the less likely their establishments will be to lose customers. At least seven states, including California, New York and Delaware, as well as 180 localities, require smoke-free bars and restaurants. These areas have recognized that just as eateries are required to serve safe food, they should be required to provide safe air.